Site Tests. For a period of up to one hundred twenty (120) days after the Closing, Purchaser will exercise Commercially Reasonable Efforts to permit EME and its agents, representatives and contractors, if EME shall so elect, and subject to such reasonable and customary conditions that Purchaser may impose, to enter upon any and all of the real property included in the Projects for the purposes of making tests, taking samples and soil borings, or conducting groundwater studies and such other reasonable investigations in order to determine if there is any Existing Soils Contamination. All such activity and testing shall be at EME's sole cost. For the purposes of this Agreement, the results of such tests shall not be determinative.
Appears in 2 contracts
Sources: Purchase Agreement (Edison Mission Energy), Purchase Agreement (International Power PLC)